Considered
as a question of expediency, I regard the accordance of belligerent
rights still to be as unwise and premature as I regard it to be, at
present, indefensible as a measure of right. Such recognition entails
upon the country according the rights which flow from it difficult
and complicated duties, and requires the exaction from the contending
parties of the strict observance of their rights and obligations;
it confers the right of search upon the high seas by vessels of both
parties; it would subject the carrying of arms and munitions of war,
which now may be transported freely and without interruption in the
vessels of the United States, to detention and to possible seizure;
it would give rise to countless vexatious questions, would release the
parent Government from responsibility for acts done by the insurgents,
and would invest Spain with the right to exercise the supervision
recognized by our treaty of 1795 over our commerce on the high seas,
a very large part of which, in its traffic between the Atlantic and
the Gulf States and between all of them and the States on the Pacific,
passes through the waters which wash the shores of Cuba. The exercise of
this supervision could scarce fail to lead, if not to abuses, certainly
to collisions perilous to the peaceful relations of the two States.
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